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02-28-1972 MinutesCity of Salina, Kansas Commissioners' Meeting s February 28, 1972 The Regular Meeting of the Board of Commissioners met in the Commissioners' Room, City -County Building, on Monday, February 28, 1972, at seven o'clock p.m. The Mayor asked everyone to stand for the Pledge of Allegiance to the Flag and a Moment of Silent Prayer. There were present: Mayor Robert C. Caldwell, Chairman presiding Commissioner Leon L. Ashton Commissioner Norma G. Cooper Commissioner Mike Losik, Jr. Commissioner Jack Weisgerber comprising a quorum of the Board, also: L. 0. Bengtson, City Attorney Norris D. Olson, City Manager D. L. Harrison, City Clerk Absent: None A motion was made by Commissioner Weisgerber, seconded by Commissioner Ashton to strike the first paragraph on Page 5 of the Minutes of February 14, 1972. Ayes: (5). Nays: (0). Motion carried. A motion was made by Commissioner Cooper, seconded by Commissioner Weisgerber to make an addition to the minutes, on Page 5, Line 44: "We had an executive session, but did not discuss Senate Bill 333." Ayes: (5). Nays: (0). Motion carried. s A motion was made by Commissioner Cooper, seconded by Commissioner Losik to approve the minutes as corrected. Ayes: (5). Nays: (0). Motion carried. The Mayor recognized Girl Scout Cadet Troop 326, which was present. The girls are working on their Active Citizenship Badge, and it was necessary for them to attend a meeting. STAFF AGENDA THE CITY ENGINEER filed Plans and Specifications for Engineering Project 71-542 for miscellaneous street, sewer and water improvements. Commissioner Losik asked the City Engineer if we are being unfair to the smaller contractors by lumping several improvements into one job. The City Engineer stated he didn't think so. This job has a variety of different work, and is a reasonably small job. Two small contractors could even bid the job together, one doing the street work, the other the water work, if they wanted to. A motion was made by Commissioner Losik, seconded by Commissioner Ashton to approve the City Engineer's plans and specifications and instruct the City Clerk to advertise for bids to be received March 13, 1972. Ayes: (5). Nays: (0). Motion carried. THE CITY ATTORNEY presented a Resolution entitled: "A RESOLUTION determining the policy of the Board of Commissioners of the City of Salina, Kansas, in regards to installation of general improvements in undeveloped property within the City, specifying the time for payment of said improvements, amending Section 1 (a) of Resolution Number 3113 and repealing existing Section 1 (a) thereof," for the Commissioners' consideration, as directed by them at the February 14, 1972 meeting. i The City Attorney stated the only thing that was changed was to have the petitioner of the improvements put up his 50% deposit within 5 days after the end of the i protest period or within 15 days after approval of a petition, if a protest is not involved'. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to adopt the Resolution as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the Resolution and it is numbered 3119. AN ORDINANCE was introduced for second reading entitled: "AN ORDINANCE providing for the amendment of Zoning Ordinance Number 6613 and the Zoning District Map therein and thereby adopted and providing for the rezoning of certain property within the City and prescribing the proper uses thereof." (Rezoning of Lot 5 and the North 35 feet of Lot 4, Block 1, Holiday Addition to District "EE" (Local Service District) - requested in Petition Number 3216, filed by Wayne V. Wise on December 20, 1971). A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber, to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered 8194. The ordinance was introduced for first reading February 7, 1972. A LETTER was received from the Salina City Planning Commission recommending the approval of an agreement and the adoption of an ordinance which creates the Metropolitan Planning Commission and defines its jurisdiction. Several questions were asked by Commissioner Cooper regarding the agreement between the County and the City, establishing and creating the Metropolitan Planning Commission. Most of the questions asked were concerning the wording in the agreement, which follows the State Law. A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to accept the Salina City Planning Commission recommendation and authorize the Mayor and Commissioners to sign the agreement. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Ashton, seconded by Commissioner Cooper to introduce an ordinance for first reading creating a Metropolitan Planning Commission for the exercise of joint planning for Saline County, Kansas, and the City of Salina, Kansas; designating the area of joint jurisdiction; designating the qualifications and appointment of members; designating the powers and duties of the commission; and providing for the sharing of expenses of operation. Ayes: (5)f. Nays: (0). Motion carried) Ordinance Passed: 2 �z Number: � L4 1 THE CITY ENGINEER reported on Petition Number 3225, which was filed by Iva Salmon for a street light on a vacant pole between Third Street and Front Street on Antrim. (The petition was referred to the City Engineer at the meeting of February 7, 1972 The City Engineer recommended the street light be installed. A motion was made by Commissioner Losik, seconded by Commissioner Ashton, that based on the City Engineer's recommendation the street light be approved. Ayes: (5). Nays: (0). Motion carried. j A LETTER was received from the Salina City Planning Commission requesting that Petition Number 3207, which was filed by Dunlap Auto, Inc., requesting the rezoning of Lots 4 and 5, and the South 87 feet of Lots 2 and 3, Replat of the West oof Block 10, Riker Addition to the City of Salina, be tabled to provide the Planning Commission time for re-evaluation and possibly amend the "EE" zone classification. A motion was made by Commissioner Weisgerber, seconded by Commissioner Cooper to accept the recommendation of the Salina City Planning Commission to table the petition until they hear back from the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. AN APPROPRIATION ORDINANCE was introduced and passed entitled: "AN ORDINANCE MAKING AN APPROPRIATION for the payment of certain claims." (Payroll - $98,154.83) A motion was made by Commissioner Losik, seconded by Commissioner Ashton to adopt the ordinance as read and the following vote was had: Ayes: Ashton, Cooper, Losik, Weisgerber, Caldwell (5). Nays: (0). Carried. The Mayor approved the ordinance and it is numbered A-1618. COMMISSION AGENDA THE CITY COMMISSIONERS reconsidered a Cereal Malt Beverage License Application filed by Walgreen Drug Store, 2450 South Ninth Street, Melvin Douglas Ford, Manager. (New for package sales only) (Referred from the meetings of February 7 and 14, 1972) 1 �I 1 The City Attorney reported that on February 7, 1972, the Commission instructed him to check to see if there is anything against issuing a cereal malt beverage license to a drug store. "On February 14, 1972, 1 reported there is nothing, that you shall issue a license if the applicant meets all the qualifications required by State Law. Commissioner Cooper asked the City Attorney, "Then you mean we have to issue a license to a shoe store or Dairy Queen if they meet the qualifications?" The City Attorney said, "Yes, if they are properly zoned." A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber, to approve the license application and instruct the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. "THE POSSIBILITY OF ACQUIRING PROPERTY ON EAST SIDE OF THIRD STREET FOR ADDITIONAL PARKING FOR COMMUNITY THEATRE." (Commissioner Ashton) Commissioner Ashton stated that he had the thinking of several people and they agree with him that the City should buy additional land for parking because it would make a lot nicer area. There is talk of putting some tubes in the river and making a path between the Hilton Inn and the Community Theatre. Commissioner Ashton said under the present plan, every tree over there would have to be removed and it would be a concrete jungle, and he feels the top priority, today, is to acquire this additional land on Third Street, and develop later on as funds permit. A motion was made by Commissioner Ashton, seconded by Commissioner Weisgerber, to take $8,000 of the 23 thousand plus that was appropriated under Plan "A" for paving of the parking lot to buy additional land on the East side of Third Street. Commissioner Cooper asked the City Attorney if the Commission had appropriated the money? She thought we had just offered to pave the area. The City Attorney stated you really didn't appropriate the money, but you indicated you would pay up to this much for paving. Commissioner Losik stated that he wanted the straight facts on who gave us the option and who in the City accepted it for the City Commission? Commissioner Ashton stated that we discussed this this afternoon in executive session but you didn't choose to listen, but this is your business. You were aware it was coming up on the agenda. Commissioner Losik stated the Mayor had called the meeting this afternoon, not to discuss this. We have assumed the obligation to pave the present site, if we are to purchase the land, we would be using Plan "C", which, according to the Engineer's estimate is $37,740 plus $8,000 for the land, and this does not include any landscaping. Before we do anything else, we need to sit down and figure up what this project is going to cost US. It is nearing the 75 to 100 thousand dollar mark. Commissioner Ashton stated if we purchase the land on the East side of Third Street, we will be able to vacate and use the present paved Third Street for parking, which would amount to about $5,000 if we had to pave this size of an area. Commissioner Cooper stated that the site decision was made by the Salina Community Theatre. The chosing of this particular site was done by them and she cannot see purchasing additional land. Commissioner Losik asked Commissioner Ashton what the price tag is on the bridge he was referring to. Commissioner Ashton said, "I don't know, Mr. Vanier had mentioned it.' With this path across the river and other improvements to the river bank, it could be a place of beauty." I Mr. Dwight Toll, Director of the Saline County Tax Payers Association stated we think the City Commission needs to determine priorities. It is the position of the taxpayers association that this not be permitted to expand further on tax dollars. Personally I support the theatre and I appreciate Commissioner Ashton's aesthetic considerations. i Mrs. Ryberg stated that people come to Salina from all over the State. She fe►t this Community Theatre site should be something of beauty. She stated she was for Mr. Ashton's suggestion. Mr. W. 0. Brown stated we have enough parking in the downtown area now. He also stated, "I am not against the Salina Community Theatre. I'm for all the good things also." He stated he agreed with Mr. Toll.' Mr. Bill Scholl stated, "Why should a house of entertainment receive top priority over the water department?" Commissioner Weisgerber told Mr. Brown that in order for the Salina Community Theatre to get a building permit, they had to have 60 on-site parking places. They could not count any in the downtown area in this. Mr. Brown asked if they had a legal option in writing which expired today? Commissioner Ashton said, "No". Mr. Jack Stewart, past president of the Salina Community Theatre, went back a couple of years and explained the agreement between the City and the Salina Community Theatre Board and urged the Commissioners to buy the land now. Mr. John Uphoff wanted to know what the cost of operating the building would be when it is completed, for maintenance and utility bills. Commissioner Ashton stated he didn't think there had been any cost estimates run on it. The Mayor called for a vote on the motion. Ayes: Ashton, Weisgerber, Caldwell (3) Nays: Cooper, Losik (2). Motion carried. "DISCUSSION OF EXECUTIVE SESSIONS." (Commissioner Cooper) Commissioner Cooper stated there have been problems with the Commissioners in executive sessions, when they reach agreement, it is different when they get out to the meeting. She stated she is proposing to have official records kept of all executive sessions. Commissioner Ashton asked Mrs. Cooper if she would like to go back to the pre - commission meetings, with the press and the necessary staff present. The press would be keeping notes and the only time the press would be asked to leave would be when they are discussing personnel and the buying of land. We need to get together to discuss these things, so we'll know what we are talking about. Commissioner Losik told Mr. Ashton that he was talking about something else. "You are talking about pre -commission meetings. Mrs. Cooper is referring to the executive meetings. There is no official record kept and I agree with Mrs. Cooper that one should be kept for the Commissioners and staff to refer back to later. These minutes would not be available to the public." Commissioner Ashton asked Mrs. Cooper who she wanted to take the minutes. She said anyone can do it, but if you are going to hold executive sessions, you need a record. I don't care who does it as long as it is not one of the Commissioners." Mayor Caldwell stated that in the pre -commission meetings we could ask questions we needed to ask, and we could become informed about the City business without having 70 items on the agenda. Whether we are putting on a show now, I don't know, but I think we are wasting time. We now just come up here once a week and do things, and I know that I did a better job as a commissioner the old way, when I could take advantage of staff knowledge. Commissioner Losik commented to Mayor Caldwell, "You have stated that you are here to help the people. I personally would rather spend 2 hours out here than 2 hours in the back room." A motion was made by Commissioner Cooper, seconded by Commissioner Losik to have an official record kept of all executive sessions. Ayes: Cooper, Losik, Weisgerber, Caldwell (4). Nays: (0). Commissioner Ashton abstained. Motion carried. 1 1 1 "IDENTIFY PROJECTS - ESTABLISH PRIORITIES - GET COST ESTIMATES - RESEARCH METHODS OF FINANCING." (Commissioner Losik) Commissioner Losik gave a list of projects we are now faced with. Wilson and Company has submitted a proposal for $9,500.00 for the Water Rate and Improvement Study. The City Engineer said this is reasonable. Within the next year or so, the solid waste program and the landfill problem will come up. I know that the landfill is the County's problem, but we will need to do something before the effective date of this. We asked the Corps of Engineers to give us a study on the river project, the cost and a way of financing. We have received a letter from them which is not good news. I'm sure the City Manager will make it available to the news media. We need to update the fire apparatus. The estimated cost is 150 - 200 thousand dollars. This needs to be done because the community is spreading out and also to keep our State rating with the Kansas Inspection Bureau. We don't have adequate juvenile facilities here. We have been discussing site development of the Salina Community Theatre and the Cultural Arts Office space. The Multi-purpose building project will be coming up soon. We must identify projects, setting dates, seeing if federal funds are available, and put some up to the vote of the people. It will take 120 days for Wilson and Company to do the Water Rate Study for $9,500.00; that will be just in time for an election, without holding a special election. A motion was made by Commissioner Losik, that the Water Rate and Improvement Study with Wilson and Company, for a total cost of $9,500.00, be approved, and that the City Manager and staff rough out a list of these items and costs to see if we can get some of these projects on the way. Commissioner Cooper seconded the motion. The City Manager stated about 30 days ago he had charged the staff with the responsibility of updating the 1966 - 1975 Capital Improvements Program. We can put the price tags on these items, but it is up to you as a Commission to set the priorities. The Mayor called for a vote on the motion. Ayes: (5). Nays: (0). Motion carried. THE MAYOR, with the approval of the City Commissioners made the following appointments: Citizens' Advisory Committee Carry Brooks and Mike Wiggins, Salina High School South students, as observers. David Jilka and Kathleen Morton, Sacred Heart High School students, as observers. Arbor Day Committee Mrs. Frank Barbee Mrs. Michael Norton Mrs. Michael Oldfather Mr. Randall Lewis 48 PUBLIC AGENDA PETITION NUMBER 3229 was filed by the Salina Airport Authority for the rezoning of the West 415 feet of Block 6, Schilling Subdivision, from District "P.I.P." (Planned Industrial Park) to District "F" (Light Industrial District). A motion was made by Commissioner Cooper, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A CEREAL MALT BEVERAGE LICENSE APPLICATION was filed by William H. Niemann, d/b/a Sazerac Lounge, 427 South Broadway. (New). A motion was made by Commissioner Ashton, seconded by Commissioner Cooper to approve the cereal Malt beverage license application and authorize the City Clerk to issue the license. Ayes: (5). Nays: (0). Motion carried. PETITION NUMBER 3230 was filed by Ronald P. Thompson, by Jack N. Stewart, for the amendment of the Salina Zoning Ordinance, Section 11, District "D" (Local Business District), sub -section (20), defining schools as primary or secondary. A motion was made by Commissioner Ashton, seconded by Commissioner Losik to refer the petition to the Salina City Planning Commission. Ayes: (5). Nays: (0). Motion carried. A MOTION was made by Commissioner Losik, seconded by Commissioner Cooper that the Regular Meeting of the Board of Commissioners be adjourned. Ayes: (5). Nays: (0). Motion carried. D. L. Harrison, City Clerk